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WILBURN QUARRIES v. STATE DEPT. OF REVENUE

2090522.

50 So.3d 1078 (2010)

WILBURN QUARRIES, LLC, et al. v. STATE DEPARTMENT OF REVENUE.

Court of Civil Appeals of Alabama.

May 7, 2010.

Attorney(s) appearing for the Case

John F. DeBuys and R. Rhett Owens of Burr & Forman LLP, Birmingham, for appellant Wilburn Quarries, LLC.

Ron Bowden , chief counsel, and John J. Breckenridge , asst. counsel, Alabama Department of Revenue, for appellee.

THOMPSON, Presiding Judge.

Wilburn Quarries LLC and its members appeal from a judgment of the circuit court upholding the decision of an administrative law judge ("ALJ") in favor of the State Department of Revenue ("the Department"). Specifically, the ALJ found that the Alabama Uniform Severance Tax ("the severance tax"), § 40-13-50 et seq., Ala. Code 1975, applied to severed materials purchased from a site that Wilburn Quarries owned in Cullman County and that...

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